In the future, a new public defender

Friday

Nov 27, 2009 at 11:41 AMNov 27, 2009 at 11:42 AM

By Suevon Lee Staff writer

First elected into office in 1980, Fifth Circuit Public Defender Howard "Skip" Babb, Jr. is one of the two longest-serving public defenders in the state. Only James Russo, who holds the same position in the 18th Circuit, boasts an equally long record. Babb's eighth term is due to expire in 2012. There is no doubt as to whether he plans to seek a ninth. The 61-year-old Eustis resident said he's ready to retire, spend time traveling with his wife, and to continue his photography pursuits. The question is whether Babb, whose circuit oversees the five-county expanse of Marion, Lake, Sumter, Citrus and Hernando, may vacate public office sooner than his term ends, for reasons that include his health and the fact that by mid-2011, Babb will be fully vested in his retirement benefits. "I intend to serve out my term through the end of 2012," he said in a recent interview, but added, there's "always a possibility" of an even earlier departure. Should Babb retire early — it wouldn't happen before April 2011, he says — his position would be filled by gubernatorial appointment until elections are held the following year. The appointment probably would rest with either Republican Florida Attorney General Bill McCollum or Democratic Chief Financial Officer Alex Sink, the main contenders in the 2010 race to replace U.S. Senate seat-seeking Gov. Charlie Crist. That political consideration is not lost on Babb, who ran as a Democrat for the Office of Public Defender when he beat incumbent Bob Pierce in 1980, and is loathe to see his staff trimmed even more in the wake of harsh budget cuts over the past year and a half. "When there's a change-over [in higher office], there's personnel changes," Babb said. "If I can't have a say in who's going to take over [my position], I'm not going to resign." That genuine concern for the welfare of his staff is characteristic of a person who's been the longest-serving president of the Florida Public Defender Association and who created the Public Defender College, a twice-annual training program for new defenders, said William Miller, Babb's chief assistant. "The man loses sleep over what happens to us," said Miller, who joined Babb's staff straight out of law school in 1986 and hasn't left since. Babb said the past couple of years have been an extremely trying time for Florida's public defenders, leaving him no choice but to impose staff layoffs, mandate furloughs and leave positions unfilled due to budget cuts from the Florida Legislature. "This job is very difficult because we don't have any money and we're having to fire people," he said. "The state's making it very difficult to run an agency." "I love what I'm doing, but it's getting more difficult," he added. The Public Defender's Office in each of the state's 20 judicial circuits provide legal representation for defendants in criminal court who are unable to pay for their own attorney. Babb claims his office's caseload has increased by nearly seven times since he first took office, while his staff levels have merely tripled over that same time period. (That includes the public defender's salary — once $44,547 in 1981, it now pays $150,000 a year.) While a $2 billion state deficit heading into the next legislative session raises the "distinct possibility" of additional layoffs in his five-county office, Babb denies that a growing disillusionment with the public defender's role in this economy is the driving force in his decision over weighing early retirement. "There is some of that," he conceded, however. Babb intends to make up his mind by the end of next year, though as recently as Tuesday he expressed the intent to serve "three more years" as public defender. "It's a tough job in the trenches," acknowledged Tavares criminal defense attorney Michael Graves, who firmly has his sights set on the position once it's vacant. The budgetary challenges with the Legislature will be "one of the hugest issues," he believes, and he's already got an idea as how to manage that. "We've got to look to various places to cut some fat. There's always room in every office to do it, it's a question of how much," said Graves, who once served as Babb's chief assistant back in 1984. "There comes a point where tough decisions need to be made." Miller, who said Babb has run his office "flawlessly" over the past two decades, also is not ruling out a run. "I have lots to think about before I make a decision of that magnitude," he said. Whether it's 2011 or 2012, retirement looms over the horizon for Babbs, who began his law career in Sumter County as an assistant state attorney. He has only been twice opposed as public defender — when he first ran in 1980, and again in 1984. "My goal is to have a smooth transition, whether it's by appointment or election," he said. "I feel responsible to the people who have worked with me and I'm going to try and protect them." Contact Suevon Lee at 867-4065 or suevon.lee@starbanner.com.